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IN THE HIGH COURT OF MEGHALAYA AT SHILLONG
S. VAIDYANATHAN, CJ, W. DIENGDOH
Thoura Darnei – Appellant
Versus
State of Meghalaya – Respondent
| Table of Content |
|---|
| 1. complaint filed by victim's father (Para 2) |
| 2. defense questions evidence validity (Para 3 , 4 , 5) |
| 3. victim's testimony is credible (Para 6 , 7) |
| 4. importance of victim's evidence (Para 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20) |
| 5. appeal dismissed (Para 21 , 22 , 23) |
JUDGMENT :
1. This Criminal Appeal is directed against the judgment and order dated 11.03.2021, passed by the Special Judge (POCSO), East Jaintia Hills District, Khilehriat, Meghalaya in Special (POCSO) Case No.13 of 2020 and the accused/Appellant herein was convicted by the Trial Court for the offence under Section 5(m) of The Protection of Children from Sexual Offences Act, 2012 (in short "POCSO Act, 2012") punishable under Section 6 of the POCSO Act, 2012 and sentenced to undergo Rigorous Imprisonment for a period of 10 years and to pay a fine of Rs.5,000/- in default to undergo Simple Imprisonment for six months. The fine amount was directed to be given to the victim girl.
2. A complaint was given by the father of the victim girl on 29.05.2017 before Saipung Police Station, East Jaintia Hills District, Khliehriat, Meghalaya, stating that the accused, namely, Thoura Darnei had commi
The victim's testimony in sexual assault cases is vital and can suffice for conviction without corroboration, provided it is credible.
A conviction under the POCSO Act requires credible evidence, and the absence of medical corroboration can undermine the prosecution's case.
The court established that in cases of sexual assault, the victim's testimony can be sufficient for conviction, and that slight penetration constitutes an offense under the POCSO Act, regardless of t....
The testimony of a child victim in sexual assault cases is sufficient for conviction if credible, highlighting the high standard of reliability required under the POCSO Act.
The reliability of the prosecutrix's testimony and the admissibility of res gestae evidence were central to the court's decision.
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